Transporting
- Thread starter dan
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Mr H
Banana'd
see above
4) as long its not in arms reach.. but then again.. pickup drivers like myself.. i lock the gun in its seperate lockable case.
oh.. and follow traffic laws!! (safest way of not getting stopped).
Very interesting. I was curious because it would be very good for me to have the pack in the air conditioned car, I often keep my temp sensitive meds in it. Especially on long summer drives.
The drive safe comment made me laugh, I don't think I ever feel as paranoid driving as when the guns are in the car.
The drive safe comment made me laugh, I don't think I ever feel as paranoid driving as when the guns are in the car.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
I don't give legal advice here, but the operative statute is 4-203. Attached. What I do is as follows:
1. Make double sure the firearm is unloaded
2. Put firearm in a case or bag in the trunk (if sedan). The trunk counts as a locked container.
3. Put ammo in a separate container in the trunk of the sedan
4. Drive directly to and from the range without stopping or detouring on either leg.
If I am in my truck, I put the unloaded firearm in a locked case in the back seat floor and put the ammo is a separate locked case in the back seat floor.
Is this overkill? You bet. It basically is applying 18 usc 926A to the state. But the chances that I will ever have a problem with a overzealous LEO this way are greatly reduced.
Edit: Wrong attachment. oops.
I prefer to have the ammo and the gun in separate containers, rather than the same pack. Also, magazines must be unloaded, as I understand it.
For further protection, I suggest you have some "range-specific items" with you. Ear and eye pro, targets, stapler, etc. Having those things makes it more plausible that you are in fact going to or coming from the range.
For further protection, I suggest you have some "range-specific items" with you. Ear and eye pro, targets, stapler, etc. Having those things makes it more plausible that you are in fact going to or coming from the range.
- May 22, 2005
- 122,883
I would challenge you to find that in the Maryland code.
It doesn't exist.
Yes, there are agencies that incorrectly instruct their officers to follow that policy, but it is not codified anywhere in statute.
- May 22, 2005
- 122,883
Maryland law generally prohibits the wearing, carrying or transporting of handgun, loaded or unloaded, concealed or openly: 1) on or about one's person; and, 2) in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State.
Individuals who have been issued a permit to carry a handgun by the Maryland Department of State Police (handgun carry permits issued by other states are not effective) are exempted from this law.
The following activities are also exempted: 1) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 2) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 3) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 4) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases; 5) the wearing, carrying, or transporting of a handgun by a supervisory employee: in the course of employment; within the confines of the business establishment in which the supervisory employee is employed; and (iii) when so authorized by the owner or manager of the business establishment.
The federal law you cite (18 USC 926A) applies to the interstate transportation of a firearm (handgun or long arm) and supersedes Maryland law. It would have no bearing on the transportation of a firearm where the origin and destination are both within Maryland. It would however allow for the transportation of a firearm through the State of Maryland regardless of the Maryland law cited above.
For purposes of the exceptions to Maryland law, a handgun may be transported within the passenger compartment of the vehicle provided it is unloaded and in an enclosed case or holster. For purposes of the federal law exception, the firearm must be unloaded and not readily accessible from the passenger compartment.
Mark H. Bowen Assistant Attorney General
Individuals who have been issued a permit to carry a handgun by the Maryland Department of State Police (handgun carry permits issued by other states are not effective) are exempted from this law.
The following activities are also exempted: 1) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 2) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 3) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 4) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases; 5) the wearing, carrying, or transporting of a handgun by a supervisory employee: in the course of employment; within the confines of the business establishment in which the supervisory employee is employed; and (iii) when so authorized by the owner or manager of the business establishment.
The federal law you cite (18 USC 926A) applies to the interstate transportation of a firearm (handgun or long arm) and supersedes Maryland law. It would have no bearing on the transportation of a firearm where the origin and destination are both within Maryland. It would however allow for the transportation of a firearm through the State of Maryland regardless of the Maryland law cited above.
For purposes of the exceptions to Maryland law, a handgun may be transported within the passenger compartment of the vehicle provided it is unloaded and in an enclosed case or holster. For purposes of the federal law exception, the firearm must be unloaded and not readily accessible from the passenger compartment.
Mark H. Bowen Assistant Attorney General
- May 22, 2005
- 122,883
emphasis is mine.
T-Man
Ultimate Member
Ok, looking at the letter and the law, it appears that there is no requirement for a locked container, just closed holster or case.
There also does not appear to be anything that deals with ammo other than that the handgun must be unloaded.
(I understand caution and better/best practices, just trying to understand the law)
As a follow up question, is it internet legend that a loaded magazine along with the unloaded firearm can be argued to make that firearm "loaded"?
A plain reading of the law would seem to simply require unloaded and nothing else?
Also anyone aware of what is maent by "substantial owner"?
There also does not appear to be anything that deals with ammo other than that the handgun must be unloaded.
(I understand caution and better/best practices, just trying to understand the law)
As a follow up question, is it internet legend that a loaded magazine along with the unloaded firearm can be argued to make that firearm "loaded"?
A plain reading of the law would seem to simply require unloaded and nothing else?
Also anyone aware of what is maent by "substantial owner"?
dlmcbm
Ultimate Member
ALL yet another reason why I want my Handgun Permit. 
It seems in the above that he implies that if either the Origin OR Destination are outside of MD that you could travel under FOPA (Meaning you could legally transport to another state to carry.
But in the other letter states clearly that if you're a MD citizen you can't transport in MD for anything but the listed exception reasons...
Doesn't make sense to me that I can't leave my house (where I can legally possess and carry) and drive to VA (where my UT permit is valid) under FOPA...
I don't want to be a test case mind you, and that's why I'm always up for some informal target shooting..
It would be so boring to debate the ins and outs of these laws if we lived in another state. Isn't this really more fun?
Outstanding!
- May 22, 2005
- 122,883
It seems in the above that he implies that if either the Origin OR Destination are outside of MD that you could travel under FOPA (Meaning you could legally transport to another state to carry.
But in the other letter states clearly that if you're a MD citizen you can't transport in MD for anything but the listed exception reasons...
Doesn't make sense to me that I can't leave my house (where I can legally possess and carry) and drive to VA (where my UT permit is valid) under FOPA...
I don't want to be a test case mind you, and that's why I'm always up for some informal target shooting..
It would be so boring to debate the ins and outs of these laws if we lived in another state. Isn't this really more fun?
Read the next post.
eyesinpines
Active Member
- Mar 4, 2011
- 257
I'd appreciate help with this question as I know the transport laws are different for long guns.
I have a Henry AR7 take down survival rifle. The barrel unscrews as does the receiver. These fit inside the butt of the rifle along with three magazines. So although it's a rifle its totally disassembled and unable to fire until reassembled.
Can I carry this in my SUV without special requirements so long as ammo is in a separate container? I'm talking general transport/carry, not just to and from the range?
I have a Henry AR7 take down survival rifle. The barrel unscrews as does the receiver. These fit inside the butt of the rifle along with three magazines. So although it's a rifle its totally disassembled and unable to fire until reassembled.
Can I carry this in my SUV without special requirements so long as ammo is in a separate container? I'm talking general transport/carry, not just to and from the range?
yeah, I'm multi-quote challenged. I updated my post. I was trying to point out the seeming contradiction.
Which I'm sure means that until we get Shall Issue we need to stick to an approved reason rather than. I'm heading to a free state to exercise my permit
- May 22, 2005
- 122,883
yeah, I'm multi-quote challenged. I updated my post. I was trying to point out the seeming contradiction.
Which I'm sure means that until we get Shall Issue we need to stick to an approved reason rather than. I'm heading to a free state to exercise my permit
well, y'all know that I pay things by the safest interpretation. There's the way things ought to be and then there's the way things are.
Some agencies have instructed their officers to treat loaded magazines as loaded firearms. I figure that going to the range isn't worth becoming a test case.
Others may find that their mileage may vary.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
It seems in the above that he implies that if either the Origin OR Destination are outside of MD that you could travel under FOPA (Meaning you could legally transport to another state to carry.
But in the other letter states clearly that if you're a MD citizen you can't transport in MD for anything but the listed exception reasons...
Doesn't make sense to me that I can't leave my house (where I can legally possess and carry) and drive to VA (where my UT permit is valid) under FOPA...
I don't want to be a test case mind you, and that's why I'm always up for some informal target shooting..
It would be so boring to debate the ins and outs of these laws if we lived in another state. Isn't this really more fun?
You can, but you must comply with FOPA between your house and the VA line. (That means unloaded gun and ammo in separate containers in the trunk or, if no trunk, in separate LOCKED containers as far away from the driver as you can make it.) Then you can carry in VA when you get there. REverse the process upon return. Note under FOPA you must be able to prove that you could legally possess and carry both at your point of origin and your point of destination CCW permits are really good for that. Your UT permit for example, would make clear to the LEO that you could carry in VA. The trick to the stop and swap maneuver is to go directly from your home (where you can legally possess and carry) to the VA line, preferably by the most direct route, ditto for the reverse trip.
ALL yet another reason why I want my Handgun Permit.
Amen!
I said to someone yesterday, getting a permit was worth the cost and effort in order to be able to make a fast-food stop on the way back from the range.
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